Wright v. Union Pacific Railroad
Utah Supreme Court
Appeal from the Second District Court Weber County. Hon. H. H. Rolapp, Judge. Action by plaintiff to recover damages for personal injuries alleged to have been inflicted through the negligence of defendant company. From a judgment for plaintiff, defendant appealed.
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Appeal from the Second District Court Weber County. Hon. H. H. Rolapp, Judge. Action by plaintiff to recover damages for personal injuries alleged to have been inflicted through the negligence of defendant company. From a judgment for plaintiff, defendant appealed. The statute (Sec. 3291), provides that “whenever one or more of the jurors have been induced to assent to any * * * verdict, * * * by a resort to the de- termination of chance, such misconduct may be proven by the affidavit of any one of the jurors.” An assent to a verdict by a resort to chance not to a previous agreement, is what…
1Opinion of the CourtBaskin, J.
Six of the eight jurors in this case returned a verdict in favor of the respondent, for $6,242.50, and a judgment for that sum with costs was rendered against the appellant in favor of respondent. The appellant moved for a new trial. Two of the grounds of the motion were as follows:
1. “ That the verdict was obtained by resorting to chance.”
2. “That the verdict is excessive.”
The trial court ordered “that a new trial be granted unless within ten days the plaintiff shall reduce and remit the verdict to the sum of $4,000; and upon such remission within the time limited herein being made by…
2Cases cited6 opinions
- Klopenstine v. HaysUtah Supreme Court · 1899
- Mangum v. Bullion, Beck & Champion Mining Co.Utah Supreme Court · 1897
- White v. PeaseUtah Supreme Court · 1897
- Saunders v. Southern Pacific Co.Utah Supreme Court · 1897
- McCornick v. MangumUtah Supreme Court · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Mower v. McCARTHYUtah Supreme Court · 1952
- Cochran v. GritmanIdaho Supreme Court · 1921
- Ehalt v. McCarthyUtah Supreme Court · 1943
- Zanos v. Great Northern Ry. Co.Montana Supreme Court · 1921
- Benjamin v. Helena Light & Railway Co.Montana Supreme Court · 1927
7 more not listed; retrieve them via the Exa API.